The justices ruled 5-4 for Marvin Peugh, who was convicted of five counts of bank fraud, sentenced to 70 months’ imprisonment, and ordered to pay nearly $2 million dollars in Illinois for check-kiting and fraudulently obtaining a business loan. Peugh says his sentencing was unfair because 2009 sentencing guidelines were used instead of the more lenient 1999 guidelines in effect at the time of his offenses.

The 7th U.S Circuit Court of Appeals upheld his sentencing because the guidelines used by judges are only advisory in nature.

The high court, in an opinion written by Justice Sonia Sotomayor, overturned that decision and sent the case back.